[HN Gopher] Judge rules Wyoming corner crossers did not trespass
       ___________________________________________________________________
        
       Judge rules Wyoming corner crossers did not trespass
        
       Author : bikenaga
       Score  : 173 points
       Date   : 2023-05-31 17:57 UTC (1 days ago)
        
 (HTM) web link (www.hcn.org)
 (TXT) w3m dump (www.hcn.org)
        
       | dools wrote:
       | > The men corner-crossed in 2020 and 2021 to hunt public land
       | enmeshed in Eshelman's 22,045-acre ranch.
       | 
       | What sort of a sociopathic son of a bitch do you have to be to
       | tie up so many resources on such a minor transgression? That dude
       | eats babies for sure.
        
       | thehappypm wrote:
       | Uck eah! his s uch a ig in or ublic ands!
        
         | bikenaga wrote:
         | :-) My bad! I'd fix it if there were a way.
        
           | dang wrote:
           | Fixed now!
           | 
           | (Submitted title was "Udge rules Wyoming corner crossers did
           | not trespass")
        
       | Kon-Peki wrote:
       | Excellent outcome.
       | 
       | Previous discussion:
       | 
       | https://news.ycombinator.com/item?id=33860346
        
         | dang wrote:
         | Thanks! Macroexpanded:
         | 
         |  _6M Acres of Public Land in the US West Are Corner-Locked_ -
         | https://news.ycombinator.com/item?id=34143365 - Dec 2022 (183
         | comments)
         | 
         |  _The Wyoming corner crossing case_ -
         | https://news.ycombinator.com/item?id=33860346 - Dec 2022 (74
         | comments)
         | 
         |  _A navigation app that illuminates public land within
         | privately held property_ -
         | https://news.ycombinator.com/item?id=33753467 - Nov 2022 (181
         | comments)
        
       | mcv wrote:
       | It's bizarre to me that this is even an issue at all. How does
       | the landowner justify millions of damage even if they had walked
       | on his land? Is there no right to cross private property if
       | that's the only reasonable way to reach public land? There should
       | be.
        
         | ryandrake wrote:
         | It's ridiculous that this case got anywhere within the court
         | system. Imagine a grown man angry that some other grown man
         | stepped _over_ a square-foot corner of his precious 22,045
         | acres of dirt to get onto some other area of dirt. This is like
         | my brother and I arguing over who 's hand was on who's side of
         | the back seat of the car when we were pre-schoolers. How much
         | time, money, and energy was wasted on this clowning?
        
           | RandallBrown wrote:
           | If the only way to access that land is through the corners of
           | that guys property, by preventing access that way he
           | essentially gets that land for his own personal use.
        
             | kelnos wrote:
             | I get that, but it's still pretty disgusting. As if tens of
             | thousands of acres of land and millions of dollars in the
             | bank isn't enough for someone. These people are a stain on
             | humanity.
        
               | ryandrake wrote:
               | Wealthy people have no idea what "enough" means. This guy
               | could use his time to explore a different acre of _his
               | own land_ every day for 50 years and still not visit his
               | entire property. Instead he 's going to court to try to
               | block people from accessing land that isn't even his.
        
           | crtified wrote:
           | While most cases don't make international news, the sad
           | reality is that ostensibly petty or trivial real estate
           | arguments consume vast resources globally - this case is the
           | figurative drop in the ocean. And really, they always have -
           | this isn't new, any more than your quoted bickering-children
           | example is.
           | 
           | The reason is the same reason that 'real estate' earned the
           | key descriptor 'real'. People will literally go to war over
           | two things: people, and land (*some would add religion, but
           | I'd suggest that's generally been a convenient excuse under
           | which lay the truly motivating people+land end goals).
        
         | sethev wrote:
         | It's a (selfish) issue for the landowner because previously
         | they could treat this public land as if it was theirs
         | effectively, since other people don't have access to it. This
         | ruling doesn't change that for public land that doesn't share
         | at least a corner with private property.
        
           | ryandrake wrote:
           | It shouldn't even be possible to capture an area of public
           | land for yourself by buying all the land around it,
           | effectively land-locking it from the public. How stupid of
           | the government to even let the scenario happen in the first
           | place. I like the idea of another commenter: The government
           | should just take narrow easements around the borders of all
           | public lands, _and_ paths through private lands for the cases
           | where some area of public land is surrounded like this.
        
             | drewmol wrote:
             | An offer of compensatory acreage adjacent to and redraw of
             | property lines may entice support.
        
         | 082349872349872 wrote:
         | Outside the US, there are even many jurisdictions which make
         | this question of easements moot, by having general rights to
         | roam.
        
           | lolc wrote:
           | That was a surprising lesson for me when I was roaming
           | California and asked a local how to reach that hill: "You
           | can't, it's private." Hadn't encountered the idea before that
           | one could restrict access to forest like that.
        
           | dylan604 wrote:
           | This was one of the things I was enamored with when I visited
           | New Zealand. It was my first experience with that.
        
             | fragmede wrote:
             | The Swedish call it Allemansratten and it's lovely.
        
             | teruakohatu wrote:
             | Unfortunately in New Zealand we have no right to roam,
             | beyond riverbeds and beaches. Access is negotiated, often
             | by the Department of Conservation or a regional council,
             | sometimes in exchange for paying a share in maintenance of
             | an access road.
             | 
             | This often means you might be able to walk through farmers
             | paddocks, to access a track, but little guarantee that you
             | could do this in the future.
        
         | throwaway173738 wrote:
         | Every man deserves his day in court.
        
           | dylan604 wrote:
           | And the first step of that court process should be a judge
           | deciding if a case has merit or not.
        
             | compiler-guy wrote:
             | Aka "summary judgement", where the judge assumes everything
             | side A alleges is true, and evaluates if there is even a
             | justiciable claim. If there isn't, the judge grants summary
             | judgement to side B.
             | 
             | The thing is, law is complex, overlapping, and often
             | unintuitive. Especially property law. Although a non lawyer
             | might think a claim is stupid or ridiculous, the law itself
             | might not see it that way.
             | 
             | This is one of those times. I believe we have the right
             | outcome here and it's a great day, but usually when non
             | lawyers think a case is legally obvious, they are wrong.
             | 
             | The case may be morally obvious--as here--but law and
             | morality are different things. And just because the law
             | ought to be obvious--again, as here--doesn't mean it is
             | obvious.
        
             | diogocp wrote:
             | That's what happened:
             | 
             | > Chief U.S. District Judge Scott Skavdahl granted the
             | hunters' request to dismiss most of Eshelman's lawsuit
        
         | ckwalsh wrote:
         | I'm guessing along the lines of:
         | 
         | * Before hunters were corner cutting, the land was more
         | desirable and I could have sold it for $X
         | 
         | * With hunters now corner cutting, the land is less desirable,
         | due to the hunting activity, and can only be sold for $Y
         | 
         | * $X - $Y = $7 million
        
         | axus wrote:
         | Usually the courts will decide in favor of the public's right
         | to beach access. Here's one example:
         | https://news.yahoo.com/venture-capitalist-khosla-loses-calif...
        
           | CoastalCoder wrote:
           | IIUC, this is enshrined in Rhode Island's constitution, as
           | mentioned here [0].
           | 
           | [0] http://www.crmc.ri.gov/publicaccess/PublicAccess_Brochure
           | .pd...
        
           | jacobolus wrote:
           | In California beaches are public property and the CA coastal
           | commission (established in the 1970s) has the responsibility
           | of protecting the beaches and guaranteeing access.
           | https://www.coastal.ca.gov/whoweare.html
        
         | rippercushions wrote:
         | If corner crossing is not possible, the value of his private
         | property increases by the value of the notionally public land
         | that's effectively exclusively his now. If corner crossing _is_
         | allowed, then that value is stripped away and he  "loses"
         | millions.
         | 
         | Of course, this claim of damages collapses in a puff of logic
         | when you point out that he never should have had exclusive
         | access in the first place. Maybe he can sue the judge next?
        
           | dylan604 wrote:
           | >Maybe he can sue the judge next?
           | 
           | AKA an appeal
        
           | CottonMcKnight wrote:
           | It's a puff of logic in either circumstance:
           | 
           | If he's wrong, he never had exclusive rights to public land
           | in the first place and it was not his to lose.
           | 
           | If he's right, he obviously did not suffer the loss of the
           | value of that property.
        
       | hn_throwaway_99 wrote:
       | The sheer rapaciousness of these multi-hundred millionaires is
       | just disgusting. I'm glad to see that public opinion is largely
       | starting to turn against these billionaire types as "geniuses" to
       | boils on the ass of humanity.
        
         | coffeebeqn wrote:
         | This is their worst nightmare. Some disgusting poors milling
         | about their hundreds (thousands?) of acres
        
           | x3874 wrote:
           | [flagged]
        
             | SOLAR_FIELDS wrote:
             | Similar issue with "The Narrows" in TX, but instead
             | relating to the riverbed:
             | https://texasriverbum.com/index.php/2014/09/17/hike-and-
             | hass...
        
       | lazide wrote:
       | The most bizarre thing about this situation is that IT WAS ALWAYS
       | ILLEGAL FOR THE LANDOWNER TO BLOCK LAND THIS WAY. Since 1885.
       | 
       | [https://uscode.house.gov/statviewer.htm?volume=23&page=322]
        
         | arcticbull wrote:
         | Yes, well, if we relied on settled and trivially obvious law to
         | decide these things, what would Vinod Khosla do in his spare
         | time?
         | 
         | Besides of course chasing beachgoers down the waterfront with
         | his rake. [1, 2]
         | 
         | [1] https://www.theguardian.com/environment/2018/oct/01/vinod-
         | kh...
         | 
         | [2]
         | https://www.washingtonpost.com/technology/2020/01/08/califor...
        
       | The_Schwartz wrote:
       | [flagged]
        
         | The_Schwartz wrote:
         | Eh maybe I'm being harsh calling him that. It's been a long
         | day. I don't think I'm wrong though
        
           | solarmist wrote:
           | That's fine. HN just isn't the place for that.
        
           | angry_octet wrote:
           | You're not wrong;
           | 
           | https://wyofile.com/corner-crossing-landowner-gave-
           | millions-...
        
       | [deleted]
        
       | Eduard wrote:
       | For those out of the loop just as I was:
       | 
       | https://www.onxmaps.com/onx-access-initiatives/corner-crossi...
       | 
       | > What they had done was place an A-frame ladder across an
       | intersection of property boundaries, the location where four
       | parcels of land meet at a point. They climbed up one side of the
       | ladder from public land, and down the other side of the ladder,
       | stepping kitty-corner onto a different parcel of public land. But
       | in doing so, their bodies also crossed through the airspace of
       | the other two parcels meeting at that point, which were private.
       | Their trial, set for mid-April, will decide if they trespassed
       | when they passed through that private airspace.
       | 
       | This sounds so constructed, as if they wanted to provoke the
       | precedent.
        
         | hadlock wrote:
         | Weirdly I think this is not constructed, hunters are moderately
         | heavy users of public lands and land rights are pretty
         | important to that group. I believe they are entitled to enter
         | public land and at the same time respect land right usage of
         | private land owners, and the ladder is a discreet and harmless
         | way to access public lands. The argument that they intersected
         | the airspace of private land momentarily, with no damages,
         | likely falls under accidental or unintentional violation.
         | 
         | That said, the goal is to access additional public land. I
         | struggle to see how the supreme court will fall on the side of
         | private landowners and might even punitively add that vehicular
         | access to private land might be allowed in the future. Right
         | now it's only "on foot". This ruling has an enormous body of
         | evidence and research behind it, this isn't a small issue for a
         | large number of people; they just don't overlap much with the
         | HN community very much.
        
         | michaelhoffman wrote:
         | How else are they supposed to cross from one corner to the
         | other?
        
           | yaur wrote:
           | They are supposed to pay the rancher a trespass fee to be
           | allowed access to the public land through their property or
           | hire a guide that has a commercial agreement with rancher
           | that includes access to the public lands.
        
             | jjulius wrote:
             | Or, they could just... ask. Never a guarantee, but still an
             | option until this issue can be more clearly defined from a
             | legal standpoint.
             | 
             | >"Last year, a couple of dads from Missoula and their sons
             | showed up and asked me if they could hunt here. I told them
             | to give me 15 minutes and I'd take them out with me. We got
             | some really nice mule deer bucks for their sons, and they
             | helped me work cattle the next day. We got some antelope
             | for the dads the day after. So we had fun. One of them even
             | bought beef from me this year."
             | 
             | https://www.onxmaps.com/onx-access-initiatives/corner-
             | crossi...
        
           | idopmstuff wrote:
           | Just step across.
        
             | californical wrote:
             | Which is also illegal, btw, due to terrible us laws around
             | public land
        
               | Eduard wrote:
               | Just build a ladder high enough.
               | 
               | https://en.m.wikipedia.org/wiki/Air_rights
        
               | labster wrote:
               | I see you, and raise you _Cuius est solum, eius est usque
               | ad coelum et ad inferos_
               | 
               | https://en.m.wikipedia.org/wiki/Cuius_est_solum,_eius_est
               | _us...
        
               | LastTrain wrote:
               | Seems as though it is not illegal, at least according to
               | this ruling?
        
               | labster wrote:
               | Not according to this ruling. But still possibly illegal
               | in another federal circuit.
        
             | Jtsummers wrote:
             | From reading the article, it appears that there was a fence
             | (presumably intersecting sections of fence) that had to be
             | overcome. Climbing the fences would be, nominally, stepping
             | foot on those fenced properties. Using the ladder let them
             | go over the corner boundary without actually having to step
             | foot on the other two adjacent properties.
             | | Public           ---+---       Public |
             | 
             | The fences belong to the private properties (if my
             | understanding is correct) and the ladder lets them
             | technically remain only, with regard to "setting foot", on
             | the public properties.
        
           | hadlock wrote:
           | The ruling very intentionally says "on foot", which limits it
           | to people walking across. Leaves the door open for future
           | debate/interpretation about vehicular traffic. You might be
           | able to design an offroad vehicle that can "step" across the
           | boundary but by my (non-lawyer) reading this isn't covered by
           | that.
        
           | Eduard wrote:
           | By digging a tunnel, for instance
        
         | lolinder wrote:
         | The plaintiff's complaint is so contrived that I almost wonder
         | if it's _all_ a setup to get this law overturned. No judge in
         | their right mind would award anything close to the damages that
         | they 're asking for, and their argument in favor of the damages
         | is the perfect illustration for how bad the law is:
         | 
         | > Eshelman asserts that when the men corner-crossed -- stepping
         | from one piece of public land to another at a four-corner
         | intersection with his ranch -- they damaged him by up to $7.75
         | million.
         | 
         | > That's based on a 25% devaluation of the Elk Mountain Ranch,
         | appraised at $31.1 million in 2017.
         | 
         | > Rinehart would discount the ranch by 30% if corner crossing
         | was declared legal, he said in an affidavit. His figure would
         | raise alleged damages to a total of $9.39 million.
         | 
         | So the argument essentially is "this law gives me de facto
         | ownership of 25% more property than I actually own, and these
         | guys trying to cross it somehow sets a precedent to set that
         | land free". IANAL, but on the face of it that makes zero sense
         | because two dudes breaking the law doesn't undo the law.
         | 
         | However, if they're not actually trying to win, this is a
         | pretty solid argument to make if you're trying to persuade a
         | judge to legalize corner crossing.
         | 
         | https://www.gillettenewsrecord.com/news/wyoming/article_a519...
        
           | londons_explore wrote:
           | > However, if they're not actually trying to win,
           | 
           | Is it illegal to take a case to court with the intention to
           | lose yet set precident?
        
           | roywiggins wrote:
           | That theory is even weird on its own merits! If they lost,
           | and were found liable for damages, then other crossers would
           | be dissuaded, and no damages occurred...
        
         | petsfed wrote:
         | Given that OnX makes its money off of facilitating access to
         | recreational land, this report was surprisingly fair in
         | describing land-owner concerns.
         | 
         | I am pretty strongly for access to public land, but even I
         | could appreciate the concerns re: bad apples being encouraged
         | by this particular case. That is, if you already have an issue
         | with people illegally accessing your land, then opening the
         | door for more people to attempt to access public land by
         | passing through some mathematically precise point in space does
         | in fact invite people who aren't so careful to cross _near_ the
         | corner. I 've seen enough braided trails and "no motorized
         | vehicle" signs busted and mashed into tire tracks to believe
         | that concern. And the reality is that all it takes to do
         | irreparable harm is 1 bad actor, because they can do so much
         | damage.
         | 
         | All of that said, I think it's vitally important that western
         | states do something to make it impossible to sue a _trespasser_
         | for whatever loss of value you perceive when the public land
         | you thought you locked up remains public.
         | 
         | I can see suing a trespasser for the cost of reclaiming a
         | social trail that they happened to get caught on. But I cannot
         | see suing a trespasser for 25% of the value of a $31M real
         | estate transaction, because it turned out that a bogus legal
         | theory about "owning" land that's not actually in the deed is,
         | in fact, bogus. If the landowner can make a compelling case
         | that the previous owner, or the facilitating real estate
         | agents, convinced the new owner of that bogus theory, then
         | sure, sue _them_ for the lost  "value". But not the guys who
         | went out of their way to avoid causing any real (in the legal
         | sense) damage.
        
           | maxerickson wrote:
           | If there's no evidence that the trespasser is substantially
           | responsible for the trail, suing them is ridiculous too.
        
       | kens wrote:
       | In case anyone was wondering about the $7.75 million clamed
       | damages, the claim is that allowing corner-crossing would cause
       | the ranch to lose 25% of its value, and the ranch is currently
       | valued at $31.1 million. Details:
       | https://www.gillettenewsrecord.com/news/wyoming/article_a519...
       | 
       | (I'm not justifying this claim, of course, just providing
       | information in case anyone was wondering where the number came
       | from.)
       | 
       | Edit: the number came from a real estate agent acting as an
       | expert witness, who said he would drop the value by 25% or 30%;
       | it's not a mathematical/geometrical argument.
        
         | bckygldstn wrote:
         | With that logic it doesn't seem like the hunters are liable for
         | the damages? The hunters aren't the ones deciding if corner-
         | crossing is allowed.
         | 
         | Even the court seems faultless here. It's not re-zoning their
         | land, it's clarifying a law that already existed. The owner had
         | an incorrect pre-ruling valuation.
         | 
         | This case is especially crazy cause the landowners sued the
         | hunters: if they hadn't sued there wouldn't have been any
         | damages, maybe they should sue themselves!
        
           | roywiggins wrote:
           | And if the court found them liable for the damages, that
           | would be enforcing a no-border-crossing rule, and so no
           | damages actually occured on that theory! It's self-negating.
        
         | dools wrote:
         | > Attorneys for Elk Mountain Ranch owner Fred Eshelman last
         | week designated real estate agent James Rinehart of Laramie as
         | an expert witness in Eshelman's civil suit against the hunters
         | 
         | Nothing more credible than a local real estate agent being paid
         | to serve as an expert witness by the prosecution team of a guy
         | that owns a 22,045-acre ranch! He probably had a sniper dot on
         | his forehead during the testimony.
        
         | thorncorona wrote:
         | The owner, Fredric N Eshelman, and his lawyers by the way:
         | 
         | > "Do they realize how much money my boss has ... and
         | property?" Grende said.
         | 
         | https://wyofile.com/corner-crossing-video-do-they-realize-ho...
        
         | karaterobot wrote:
         | I was wondering exactly that, thank you for elucidating.
         | 
         | Reading into it more than I should, it seems to me like what
         | the plaintiff actually believed is that if people thought they
         | could corner cross, it would reduce the value of the property,
         | because it would mean that more people would be emboldened to
         | do it. One group of ladder-bearing hunterrs wouldn't do it
         | themselves, and without the right to cross his property being
         | set in precedent, many groups probably avoided doing it for
         | fear of being sued. The legal gray area dissuaded them. No
         | more! This is one of those times when opening the box killed
         | the cat.
        
         | FpUser wrote:
         | >"allowing corner-crossing would cause the ranch to lose 25% of
         | its value"
         | 
         | Somebody should stop taking those shrooms.
        
         | lolinder wrote:
         | The horrific reason for this figure is that owning a square in
         | this ridiculous checkerboard is equivalent to owning 1/4 stake
         | in the squares of public land that it's adjacent to. If you own
         | four black squares on the checkerboard on all sides of a single
         | white square, you _also_ own the white square, because you are
         | the only person who can legally pass through onto the public
         | land.
         | 
         | By citing this figure, the plaintiffs are essentially admitting
         | that they are claiming de facto ownership over the public's
         | land.
        
           | hadlock wrote:
           | By this logic of five squares, wouldn't that reduce the value
           | by 20%
        
             | lolinder wrote:
             | This ranch apparently consists of quite a few squares in a
             | complicated pattern, but even if it were just the four it
             | wouldn't end up being exactly 20% because you would have to
             | factor in the partial ownership of every adjacent public
             | square, not just the one you surround completely.
        
               | londons_explore wrote:
               | Looking at the map in the article, it looks like it is
               | pretty much a checkerboard. Ie. Half is owned, half is
               | not. So you'd expect a 50% reduction (minus a couple of
               | percent for edge squares which are not yet enclosed)
        
               | lolinder wrote:
               | Which article has a map of this ranch? I've been looking
               | but haven't found one.
        
               | londons_explore wrote:
               | Inset on the left, about a third of the way down
               | 
               | It's a blurry map, but seems to show this ranch (in
               | yellow)
        
           | anotherhue wrote:
           | The property planning department must have been fans of Go.
        
       | Aardwolf wrote:
       | What is this claimed $7.5 million in damages by stepping over a
       | corner of land about? The wooden beam from the photograph got
       | scratched or something?
        
         | quickthrowman wrote:
         | I assume they're including the value of the public land that
         | was 'inaccessible' (not actually inaccessible as we found out)
         | as part of the ranch, which is a ridiculous notion that
         | should've been summarily dismissed with prejudice so the
         | plaintiff could not re-file or appeal the verdict, but this
         | ruling is a good one.
        
           | Aardwolf wrote:
           | Hmm, what actually happens then if you'd have a fully
           | enclosed piece of public land without even any corners to
           | reach it?
        
             | quickthrowman wrote:
             | It becomes landlocked and only accessible by land to the
             | landowner(s) of the surrounding parcels. It is still
             | accessible by air, but chartering a chopper is very
             | expensive.
             | 
             | I'm not sure what rules there are if there's a navigable
             | waterway that goes into the public land through private
             | land, there may be issues if you have to portage around
             | obstacles on the river onto the private land. I would
             | assume that if you can access the navigable waterway from
             | public land, you are allowed to use it to reach the
             | landlocked public land by traveling along the waterway
             | through private land, but I'm not 100% sure.
        
               | SOLAR_FIELDS wrote:
               | Brought this up as a sibling comment in this thread, but
               | "The Narrows" in Texas is almost precisely what you
               | describe:
               | https://texasriverbum.com/index.php/2014/09/17/hike-and-
               | hass...
        
               | quickthrowman wrote:
               | Thanks for sharing this, it was an interesting read!
        
             | macksd wrote:
             | I own land in this general vicinity, and part of the
             | purchase process that the title insurance company covered
             | when I bought it was ensuring that not only was I really
             | purchasing what I thought I was purchasing, but that access
             | to the land was guaranteed: I and all the plots around me
             | have easements where a quasi-government entity guarantees
             | roads that connect my plot to county roads, then state
             | highways, then interstate highways.
             | 
             | I would say that if land was purchased that completely
             | blocked off access to public land without such easements,
             | somebody screwed up royally with regard to such easements.
             | Not sure if that's what actually happened with the land in
             | question?
             | 
             | edit: actually reading an article linked within the one
             | linked here: "This is a murky legal area, due in part to
             | the failure of Congress to ensure access to landlocked
             | federal public lands". So yeah, someone screwed up royally
             | and it was Congress.
        
       | irthomasthomas wrote:
       | I'm surprised landowners in Wyoming own the airspace above their
       | land. Normally you are only allowed to control as much airspace
       | as required for the ordinary enjoyment of your property (for
       | buildings and such).
       | https://law.justia.com/codes/wyoming/2019/title-10/chapter-4...
        
       | kjs3 wrote:
       | US$7.75 million in damages for (rereads it) stepping on someones
       | property? That's some next-level douchebaggery right there. It's
       | a shame the lawyers involved won't get sanctioned for not telling
       | their PoS client "that's not going to go over well"[1].
       | 
       | [1] "Any damages Eshelman would claim for that alleged
       | transgression would be limited to "nominal damages" and not the
       | $7.75 million Eshelman had claimed in lost ranch value, the judge
       | wrote."
        
         | kens wrote:
         | The claim is that allowing corner-crossing would cause the
         | ranch to lose 25% of its value, and the ranch is currently
         | valued at $31.1 million. Details:
         | https://www.gillettenewsrecord.com/news/wyoming/article_a519...
         | 
         | (I'm not justifying this claim, of course, just providing
         | information in case anyone was wondering where the number came
         | from.)
        
         | giaour wrote:
         | > US$7.75 million in damages for (rereads it) stepping on
         | someones property?
         | 
         | Not even stepping on private property, just crossing through
         | its airspace.
        
           | dragonwriter wrote:
           | No, while the airspace and touching a pole allegations were
           | just dismissed, there was also--and still is--a "trespassing
           | by foot elsewhere on the property" allegation that is still
           | live, and it is that allegation to which the comment about
           | "nominal damages" applies. So the original $7.75 million
           | claim wasn't _just_ for corner crossing.
        
             | kjs3 wrote:
             | Oh, well that makes it way more reasonable. /s :-)
             | 
             | I guess I shouldn't be surprised. My wife does some work on
             | the medical side of the Personal Injury industry and
             | there's always some comedy about PI lawyers trying to juice
             | the moral equivalent of a stubbed toe into a 7-figure case.
        
       | londons_explore wrote:
       | For some reason, this domain is blocked by my ISP's illegal
       | content filter.
       | 
       | So here is a mirror: https://archive.ph/vVoLH
        
       | kortex wrote:
       | Great ruling. The private/public checkerboard is pretty bizarre
       | in the first place. A much more forethought approach would be to
       | add a public buffer around everything (basically shrink the
       | private plots by 6' or so).
        
         | drewmol wrote:
         | Yes a public access easement should suffice, similar to how
         | beaches are defied in some areas, waterways usually are. But
         | how big is reasonable? Is it for vehicle access and/or larger
         | equipment or only human sized objects?
        
         | cyberax wrote:
         | The keywords are "reasonable accommodation". E.g. in California
         | if you have a property near a beach that completely blocks
         | access, you have to provide a reasonable way to it.
         | 
         | And there's no need to shrink all the plots if there's a
         | reasonable way already present.
        
         | m463 wrote:
         | > basically shrink the private plots by 6' or so
         | 
         | Might make sense where land is amazingly spacious (like wyoming
         | in this case), but I wonder how that would work in other
         | locales, say row houses, or manhattan or california lots which
         | are measured in square feet...
        
           | PLenz wrote:
           | New York has a law to cover exactly this - the landlord has
           | to provide acess through the building. This (and other zoning
           | shenanigans) is why so many buildings in NYC have public
           | atriums or plazas attached. Of course many of those are also
           | conveniently locked all the time because the landlords
           | "forget" that they're public space.
        
           | jacobolus wrote:
           | If you have 2 row houses touching corner-to-corner and the
           | other two corners are both public land with one side
           | otherwise inaccessible, something is going pretty wrong.
        
           | [deleted]
        
         | Gordonjcp wrote:
         | Shrink them by 3m or 10%, whichever is greater.
        
         | labster wrote:
         | The checkerboard makes sense in the 19th century context.
         | Railroads were funded by land speculators, but the government
         | doesn't want to give them all the best land. Since
         | public/private is a binary distinction, they halftoned the
         | land, sharing the profits and producing the legal gray area we
         | see today.
        
         | DavidPeiffer wrote:
         | It would have been interesting if the west was divided into
         | hexagons which tessellate perfectly and don't have this
         | particular problem.
         | 
         | I am curious with the technology available at the time, how
         | much either method would have increased the surveying time,
         | accuracy, and other generally important parameters?
        
           | dmurray wrote:
           | It's not immediately obvious to me how you colour 50% of
           | hexagons equally dispersed on an infinite grid without
           | cutting some areas off, can you provide a picture?
        
             | DavidPeiffer wrote:
             | Well shoot...yes, that part fails.
             | 
             | Perhaps hexagons cut in half (causing 6-corner
             | intersections) or the isosceles trapezoid pattern below
             | would work.
             | 
             | https://robertlovespi.net/2020/06/03/tessellation-of-
             | isoscel...
             | 
             | Partly it'd be cool to have it look like Settlers of Catan.
        
         | omgwtfbyobbq wrote:
         | Yeah. There should be implied easements around private land
         | that borders public land.
         | 
         | You can do what you want as long as you do block passage
         | between adjacent, or event reasonable nearby, public land.
        
       | ortusdux wrote:
       | Are we going to start seeing rounded corners on parcels now?
        
         | dylan604 wrote:
         | They will need to update the plat maps to use padding instead
         | of just using margins. maybe start using box-sizing:content-box
         | rather than border-box too? but, border-radius could be
         | effective as well.
        
         | connicpu wrote:
         | It probably should have been that way to begin with if you
         | didn't buy either of the parcels that connect the two corner
         | parcels
        
       | IvyMike wrote:
       | I would be a terrible rich person, since I wouldn't care one whit
       | about someone crossing "my airspace". Hell, I'd donate an acre to
       | to the state at the corner just to let people cross. Fred
       | Eshelman has a large fraction of a billion dollars at his
       | disposal and has given away over $100 million dollars to UNC,
       | just chalk this up as a donation and walk away.
        
         | Zak wrote:
         | The fact that you don't see the ability to buy land adjacent to
         | public land and charge people money for access to the public
         | land may be part of why you're not a rich person.
        
         | devoutsalsa wrote:
         | You could make it an experience. Pay to have an ornery rancher
         | catch you & lock you up in an old timey jail with the iron
         | bars. Have them locked up with a cattle rustler whose brother
         | rips the window off the prison wall with a horse, then escape
         | to go rob a train. The possibilities are endless.
        
       | [deleted]
        
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